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(영문) 광주지방법원 2020.09.03 2019나64852
임금
Text

The plaintiff's appeal against the defendant Suncheon-si is dismissed.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Scope of the judgment of this court;

A. Subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). It is prohibited to render a judgment on the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), or to render an additional judgment on the remaining co-litigants.

In addition, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the confirmation of the claim part concerning other co-litigants shall be prevented, and it shall be transferred to the appellate court, and in such case, the subject of adjudication on the appeal shall be determined in consideration of the need for the unity of conclusion between the main and preliminary co-litigants and the other parties.

(See Supreme Court Decision 2009Da43355 Decided February 24, 201). In a subjective and preliminary co-litigation, even in cases where an appeal is filed against either the primary co-litigants or any of the conjunctive co-litigants, the confirmation of the portion of the claim related to other co-litigants shall be interrupted, and they shall be subject to adjudication by the appellate court.

B. On the other hand, the Plaintiff filed a claim for wage payment based on the “Ordinance on the Prevention of Overdue Wages and the Protection of Employment Safety of Local Construction Workers of the Government-Funded Construction Work” (hereinafter the “Ordinance of this case”) with the Defendant Company, preliminaryly, a claim for wage payment based on the conclusion of a labor supply contract against the Defendant Company. The first instance court dismissed the Plaintiff’s primary claim against the Defendant Company, and rendered a judgment citing the conjunctive claim against the Defendant Company.

With regard to this, the plaintiff filed an appeal against the part against the plaintiff against the defendant Ycheon City.

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